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IRIS 2000-3:1/11 [DE] "Big Brother" TV Programme Given Green Light

Since 1 March 2000, private broadcaster RTL-2 has been showing the television programme "Big Brother". It portrays ten volunteers living in a building cut off from the outside world, constantly monitored by cameras and microphones in the various rooms of the house. There are daily reports on life in the house. Every two weeks, the inhabitants select two of their colleagues whom they think should be excluded. Television viewers decide through a telephone vote which of the two should leave. Viewers will select the winner of the 100-day contest, who will receive DEM 250,000 in prize money, from the...

IRIS 2000-3:1/10 [DE] DLM Adopts Draft Advertising Guidelines

On 21 February 2000, the Direktorenkonferenz der Landesmedienanstalten (the Conference of Directors of the Regional Media Authorities - DLM) adopted a draft set of common guidelines on advertising, the separation of advertising and programme material and television sponsorship. The guidelines transpose the advertising regulations of the "Television without Frontiers" Directive (97/36/EC), incorporated in the 4.Rundfunkstaatsvertrag (the Fourth Agreement between Federal States on Broadcasting - RfStV) and put in concrete form the demands that the Agreement makes on private broadcasters in terms...

IRIS 2000-2:1/27 [DE] Bill to Extend Media Employees' Right of Refusal to Give Evidence

The Federal Government has presented a draft Bill to amend the Strafprozessordnung (German Code of Criminal Procedure - StPO). The Bill aims to address the problems of guaranteeing freedom of the press and broadcasting, as set out in the Basic Law, on the one hand, whilst providing a functional criminal justice system capable of establishing the truth on the other. In the Government's opinion, it is unsatisfactory that the right of refusal to give evidence should apply only to periodicals, broadcasts and statements made by third parties. Currently, a journalist's right to refuse to disclose material...

IRIS 2000-2:1/26 [DE] Right to Privacy in Relation to Portrayals of Parents with their Children

The Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) in its judgment of 15 December 1999 has reinforced the protection afforded parents under the general right to privacy enshrined in Art 6 paras. 1 and 2 of the Grundgesetz (Basic Law - GG) with regard to the publication of portrayals of parents bestowing their attentions on their children. The complaint lodged by Caroline of Monaco concerned a ruling of the Bundesgerichtshof (Federal Supreme Court) of 19 December 1995 (file No. VI ZR 15/95). In proceedings before the latter against a newspaper publisher, the plaintiff and appellant...

IRIS 2000-2:1/20 [DE] Generic and otherwise Unqualified Domain Names Breach Competition Law

The Oberlandesgericht Hamburg (Regional Court of Appeal - OLG) in a judgment of 13 June 1999 dismissed an appeal against a ruling of the Hamburg District Court (Landesgericht -LG) obliging the defendant to desist from using his Internet domain name "www.mitwohnzentrale.de" without further qualification for commercial purposes. The plaintiff was a competitor in the commercial short-term rented property market. The OLG deemed use of the domain name to amount to unfair competition within the meaning of § 1 of the Gesetz gegen den unlauteren Wettbewerb (Unfair Competition Act - UWG). In the Court's...